In Canada in recent years major gains have been made in fair dealing through case law and legislation, in particular the 2004 CCH v Law Society of Upper Canada in which the Supreme Court asserted that members of the society had rights to make personal copies of articles and that the library staff could do the copying for them, ie an active user's right. This was followed in 2012 by 5 Supreme Court cases on the side of fair dealing in one day, and the Copyright Modernization Act which broadened fair dealing rights to include educational use and user-generated content, among other uses (but unfortunately allows for digital locks). Canadian fair dealing used to be far more limited than US fair use, but now we are a model. The copyright act is scheduled for review later this year. Proponents of fair dealing need to speak up; the pro-copyright-limitations lobby certainly will. OA advocates can play an important role in this effort - as examples of creators who are not motivated by IP limitations, and as experts in why re-use is needed. I encourage everyone to do so.
In the EU I gather that there are efforts to expand fair dealing / fair use, e.g. this blog post from the authors' alliance talks about globalization of fair use: http://www.authorsalliance.org/2016/02/25/international-fair-use-developments-is-fair-use-going-global/ I am not fully up to speed on efforts to expand fair use / fair dealing in the EU and elsewhere and would appreciate more information. US fair use has long been a model, but this is not to be taken for granted. I would be interested in hearing if there are any developments there too. best, Heather Morrison -------- Original message -------- From: Couture Marc <marc.cout...@teluq.ca> Date: 2017-06-18 4:39 PM (GMT-05:00) To: "Global Open Access List (Successor of AmSci)" <goal@eprints.org> Subject: Re: [GOAL] Elsevier's interpretation of CC BY-NC-ND Hi all, Just to make myself clear: I also think we can safely reuse ideas found in a text, irrespective of permissions granted, and that means reproducing expressions and significant excerpts when needed. This falls under fair use / fair dealing or similar exceptions. I also think also that scholars/scientists don't - and shouldn't - care too much about these subtleties when they write. The main problem I can foresee is when they publish in commercial venues (which is the case for almost all book chapters and monographs, and now for the majority of articles). (1) In some jurisdictions (UK, US) the commercial nature of the use goes, or tend to go against these exceptions. (2) Publishers may be overly cautious as to potential infringements. I remember colleagues explaining me that the publisher (of a book) required that authors obtain written permissions from copyright owners for any excerpt reproduced, although this falls clearly under the (Canadian) fair dealing exception. I certainly agree with Heather that we need broad exceptions to copyright and user rights, but it's a long term objective, and I don't see nowadays much movement in that direction (but I would be happy to be pointed to any and, well, participate in it if feasible). Marc Couture
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